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5-74-106. Simultaneous possession of drugs and firearms.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-106. Simultaneous possession of drugs and firearms.
(a) A person shall not unlawfully commit a felony violation of §§ 5-64-419 — 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of §§ 5-64-419 — 5-64-442 while in possession of:
(1) A firearm; or
(2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.
(b) Any person who violates this section is guilty of a Class Y felony.
(c) This section does not apply to a misdemeanor drug offense.
(d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-74-106
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b0923dc325f32e7d89da66723bac338dd6754729ff25fa01e6dfa68ecca5684b
Source location: content.xml paragraph 31544
Stored source content
5-74-106. Simultaneous possession of drugs and firearms.
(a) A person shall not unlawfully commit a felony violation of §§ 5-64-419 — 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of §§ 5-64-419 — 5-64-442 while in possession of:
(1) A firearm; or
(2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.
(b) Any person who violates this section is guilty of a Class Y felony.
(c) This section does not apply to a misdemeanor drug offense.
(d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-419. Possession of a controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.
(b) A person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or
(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.
(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-419
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-419. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.
(a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh, separate, or package a counterfeit substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The counterfeit substance is separated and packaged in a manner to facilitate delivery;
(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;
(5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or
(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance.
(b) Any person who violates this section with respect to:
(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;
(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or
(3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-442
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-442. This identifies an authority to review, not proof of applicability.